T 0 F 0 0 registration@hrnsw.com.au LEASE AGREEMENT (STANDARDBRED HORSE) General Information and Instructions. A lease is a legally binding contractual agreement between two parties the Lessor and the Lessee;. For the purposes of this Lease Agreement, hereinafter the use of the singular terms Lessor and Lessee shall be deemed to include the plural and vice versa. The term Parties hereinafter refers to all Lessors and Lessees associated with the undertaking of a Lease Agreement;. The Lessor is the owner of the horse in question and the Lessee is taking contractual rights from the Lessor to race the horse; Points to remember:. As this Lease Agreement, once registered, is a legal contract between the Parties concerned, should any disagreements arise, legal advice must be obtained;. Please ensure that all details are correct and that the Lease Agreement application has been completed in full. To facilitate prompt processing of this Lease Agreement (Standardbred Horse) application please ensure that the applicable NSW Fee of $0.00 accompanies this application (the preferred payment method credit card, details of which can be recorded on the slip provided for this purpose at the bottom of this page). Lease Agreement (Standardbred Horse) applications submitted to Harness Racing NSW by facsimile or email must be of a sufficient print quality to be considered acceptable for processing. Poor quality faxes or scans will be returned to the Lessee unprocessed, as will incomplete or inaccurate submissions. Lease Agreement (Standardbred Horse) applications shall be registered with Harness Racing NSW in accordance with the Australian Harness Racing Rules (Rules 0 ). Rule 0 of the Australian Harness Racing Rules requires the Lessee to lodge a Lease Agreement (Standardbred Horse) application with Harness Racing NSW within seven () days of leasing a horse or prior to its acceptance for a race, whichever is the shorter period. The signing of this Lease Agreement (Standardbred Horse) application by all Parties indicates acceptance by the signatories that all prizemoney is to be paid directly into the bank account as specified by the Lessee elsewhere within this agreement, and further, that the Lessee agrees that they shall subsequently be responsible for arranging payment to the Lessor in accordance with Clause 0 of the schedule. Note that Lease Agreement (Standardbred Horse) applications registered in the state of New South Wales are undertaken on the express understanding that all prizemoney is paid directly to the Lessee for subsequent disbursement by the Lessee to the Lessor in accordance with the terms and conditions agreed to between the Parties, per Clause of the schedule. It is recommended that the Lessor completes the Notification of Pending Lease of a Horse form (Page of this document) and lodge this with Harness Racing NSW. Please carefully read the accompanying Requirements & Guidelines Schedule that forms part of this Lease Agreement (Page ) so you are fully aware of the requirements associated with the lease of a horse in the state of New South Wales. Note also that the Schedule of Statements and Declarations (Page ) must be completed and returned in order for this Lease Agreement (Standardbred Horse) to be considered valid in the State of New South Wales. CREDIT CARD PAYMENT OPTION (VISA OR MASTERCARD ONLY) Card Number: Expiry Date : CVV ( digit value printed on back of card) $0.00 Cardholders : Cardholders : Assigned Customer Code Invoice Number HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
LEASE AGREEMENT DETAILS of Horse (or Breeding or Certificate Number if unnamed) Age Sire Mare Freeze Brand ID Length of Lease (Years) Commencement Date Finalisation Date This LEASE AGREEMENT is made on the Day of 0 BETWEEN THE FOLLOWING PERSON(S) HEREINAFTER THE LESSOR (owner/s of the horse) SURNAME FULL GIVEN NAMES D O B TOWN / CITY / SUBURB POSTCODE CONTACT NO Managing lessor s email address: 0 AND THE FOLLOWING PERSON(S) HEREINAFTER CALLED THE LESSEE SURNAME FULL GIVEN NAMES D O B TOWN/CITY/SUBURB POSTCODE CONTACT NO % Managing lessee s email address: 0 Partnership Manager HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
THE PARTIES AGREE AS FOLLOWS. Subject to the provisions contained herein the Lessee shall, during the term of the Lease Agreement, have absolute discretion and control in and over all matters connected with the training of the said horse and with the nomination and acceptance of the said horse for racing including declaring forfeit or scratching it in all or any of the engagements of the horse;. The Lessee shall not do, permit or suffer any act or thing whereby the said horse may be liable for disqualification in any manner whatsoever;. The Lessee shall, at the termination of this Lease Agreement or any extension thereof, return the said horse to the Lessor at the address as set herein or such other address as is mutually agreed upon by all Parties. Unless otherwise mutually agreed upon by the Parties all costs and expenses incurred in returning the said horse to the Lessor shall be borne by the Lessee;. The Lessee shall at all times endeavour to maintain the horse in sound health and fitness. The Lessee at their own expense shall provide all necessary veterinary surgeons attendances, treatments and medicines as may be required for the horse;. The Parties shall at all times comply with the Australian Rules of Harness Racing, the New South Wales Local Rules of Harness Racing ( the local Rules ) and the rules of any other affiliated Controlling Bodies (where applicable);. The Parties shall comply with lawful directions concerning the horse given by Harness Racing NSW or, where relevant, any other affiliated body;. The Lessor or their agent either with or without a veterinary surgeon or surgeons shall at all reasonable times have the right to inspect the horse and to enter any stable, premises or property for the purpose of such inspection;. The Lessee shall take every reasonable precaution to prevent the said horse from being injured or destroyed, provided always that the Lessee shall not be liable to the Lessor in respect of injury to or destruction of the horse unless such injury or destruction shall have occurred as a consequence of the neglect or default of the Lessee or their agent;. The Lessee shall pay to the Lessor as and by way of rent for the said horse % of any gross prizemoney and/or stakes which the said horse may from time to time win during the continuance of this Lease Agreement or any extension thereof. Please record any additional distributions and/or requirements that may be specific to this Lease Agreement below: Note that the distributions and/or requirements recorded above are not recorded on the national database, however; may be relied upon in the event of a dispute between the Parties; 0. All monies payable to the Lessor herein shall be paid to the Lessor by the Lessee at their residence or to any other nominated address within twenty-eight () days after the date fixed for payment of the stakes by Harness Racing NSW;. NSW Breeding Incentive bonuses are not prizemoney. All bonuses are to be issued to the Lessee unless otherwise stated in Clause ;. During the continuance of this Lease Agreement the horse shall be raced at meetings in the name of the Lessee;. Unless otherwise expressed in writing by the Lessor there shall be no restriction on the racing of this horse at any interstate or overseas venue;. The right of the Lessor to take possession of the horse in the event of a disqualification shall not be enforceable pending the hearing of any appeal by the Lessee against such disqualification;. Where there is a dispute between the Parties in relation to a Lease Agreement, Harness Racing NSW shall not cancel any lease unless all Parties sign their consent in writing to Harness Racing NSW;. Harness Racing NSW shall not attempt to resolve the legal rights of the Parties in any dispute relating to a Lease Agreement;. The Lessee may terminate the Lease Agreement at any time upon giving fourteen () days notice in writing to the Lessor of their intention to do so and upon returning and delivering the said leased horse in such state and condition as aforesaid free of expense to the Lessor in the same manner as provided for in Clause hereof and upon paying to the Lessor the amount of any forfeit for which they may be liable in respect to the horse so returned as aforesaid; HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
. Notification of lease termination must be provided to Harness Racing NSW by way of the approved Lease Agreement Cancellation form signed by all Parties and submitted to Harness Racing NSW;. Notification of lease extensions must be provided to Harness Racing NSW by way of the approved Lease Agreement Extension form signed by all Parties and submitted to Harness Racing NSW 0. If not terminated or extended beforehand, the Lease Agreement will expire at midnight on the date so nominated as being the Lease Finalisation Date (Page of this document) at which time ownership automatically reverts to the Lessor;. It is also permissible for the Parties to arrange an Option to Purchase (Standardbred Horse) at their discretion, however; this agreement must be completed on the form provided for that purpose herein (Page 0) and must be signed by all registered Parties and lodged with the Lease Agreement at the time such Lease Agreement is submitted for registration with Harness Racing NSW;. Unless otherwise agreed between the Parties, the Lessee is permitted to submit a Naming Application during the term of a Lease Agreement where such Lease Agreement is associated with a previously unnamed horse and where such Naming Application is submitted by the Lessee during the nominated term of the Lease Agreement. The Lessee is responsible for the payment of any fees as may be associated with such a naming;. The Lease Agreement will be immediately referred to the Harness Racing NSW Integrity Manager for critical review and further determination in the event that one of the following circumstances occur; a. the Lessee defaults in paying the rent or any part of it; b. the Lessee is placed on the Unpaid Forfeits List (UFL) with Harness Racing NSW or an affiliated Controlling Body; c. the Lessee is disqualified under the Australian or Local Rules of Harness Racing; d. the Lessee is convicted of an offence punishable by imprisonment. I/We declare that the names of the Parties appearing on this Lease Agreement are a true and accurate disclosure of all interested persons. It is hereby declared that the Lessee(s) are over the age of years. SIGNATURE(S) OF LESSOR(S) Please ensure that your signature is recorded against the correct corresponding number (per Page ) 0 SIGNATURE(S) OF LESSEE(S) Please ensure that your signature is recorded against the correct corresponding number (per Page ) 0 Partnership Manager HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
SCHEDULE OF STATEMENTS AND DECLARATIONS (COMPULSORY - this schedule MUST be completed and returned to validate this Lease Agreement) PRIVACY STATEMENT COLLECTION AND DISSEMINATION OF PERSONAL INFORMATION Harness Racing NSW (HRNSW) collects personal information from you in this application in order to manage, supervise and assist with your participation in the harness racing industry. To do this, we may disclose personal information, including financial information, to other persons or organisations, including enforcement bodies, State or Federal Government licencing or compliance authorities, harness racing related associations, harness racing clubs and other racing control bodies. You do not have to supply the information requested in this form, however; if the information (or any part of it) is not provided, your application may be declined. By completing and submitting this application, and any supporting documentation, you authorise Harness Racing NSW to collect, use and disclose information about you for the purposes described above. In most cases, you can gain access to your personal information and request that corrections be made to it, if necessary. If you do not wish to have information provided herein to be disseminated as discussed above, you MUST tick the box to the right and sign the bottom of this form page accordingly. GST INFORMATION AND DECLARATIONS By completing and signing the attached Lease Agreement Notification (Standardbred Horse) application, I/we notify and declare that I/we am/are registered for GST or an ABN or as a Hobbyist, as shown herein. I/we will notify the appropriate State Controlling Body if I/we cease to be registered for GST or for an ABN. The appropriate State Controlling Body is registered for GST and will notify me/us if it ceases to be registered. The appropriate State Controlling Body will indemnify me/us for any liability for GST or penalty that may arise from an understatement of the GST payable on any supply for which it issues a Recipient Created Tax Invoice (RCTI). This information may be disseminated to Controlling Bodies in other States to facilitate payment of prize money. HOBBYIST DECLARATION If you have indicated that you are a Hobbyist, you are confirming that you are a Genuine Hobbyist whom is not able to claim a credit for GST paid on your Harness Racing purchases. If you wish to be able to claim back GST you pay on your purchases, you should register for GST with an Australian Business Number (ABN). This declaration is only available to individuals or partnerships/syndicates (the majority of whose members are individuals) under Section - 0() of the Taxation Administration Act not companies, trusts or other entities.. I/we understand that under the New Tax System if I/we am/are a Hobbyist participant in Harness Racing, I/we will be unable to claim input tax credit ( refund ) for Goods & Services Tax ( GST ) that I/we pay on my/our purchases;. I/we declare that my/our supply of horses for Harness Racing is an activity done as a private recreational pursuit or hobby, or is wholly of a private or domestic nature for me/us, or. I/we declare that my/our supply of horses for Harness Racing is undertaken without reasonable expectation of a profit. I/we am/are not carrying out an enterprise, as set out in the GST Legislation;. Should any of these circumstances change, I/we will advise the appropriate State Controlling body immediately. As the nominated Lessee Partnership Manager of the Standardbred horse specified within this Lease Agreement (Standardbred Horse) I hereby acknowledge that I have read and fully understand the Statements and Declarations made herein and affix my signature below as my confirmation of this understanding. Full (Lessee Partnership Manager) (Lessee Partnership Manager) Date HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
T 0 00 F 0 0 finance@hrnsw.com.au GST / LEGAL STATUS OF NEW OWNER(S) & PRIZEMONEY BANKING DETAILS ) Are you or your partnership group a single entity for GST purposes? (tick as appropriate) YES NO Go to (A) below Go to (B) below NOTE: a single entity includes: a Single Person, Incorporated Company, Partnership for tax purposes or a group of all Hobbyist owners. If you are uncertain with respect to how to respond to this question, it is recommended that you consult your accountant or financial advisor for appropriate advice A) If you responded YES to the above question, please provide your GST status and/or your Ownership Groups GST status. HOBBYIST? (please tick) GST REGISTERED? (please tick) ABN (if applicable) B) If you responded NO to the above question, you will be required to provide the GST status of each individual part owner in the ownership boxes below: NAME OF NEW OWNER(S) GST STATUS (PLEASE TICK) ABN (IF APPLICABLE) ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered ) Hobbyist GST Registered 0) Hobbyist GST Registered PRIZEMONEY BANKING DETAILS THIS SECTION MUST BE COMPLETED TO FACILITATE THE PAYMENT OF PRIZEMONEY TO YOU An Australian bank account (overseas bank accounts cannot be used for payments made by Harness Racing NSW) is required to facilitate the payment of prize monies. By signing the Lease Agreement (Standardbred Horse) application, all lessees indicate their respective acceptance of prize monies being deposited into the bank account stated below. It is recommended that this section be completed as bank account details associated with existing nominated Lessee Partnership Managers or similar partnership groups are not automatically updated when a new Customer Code is created to accommodate a new group of lessees. Note that amounts owed to Harness Racing NSW relating to race fees will be automatically offset each Stakes Run. Online statements associated with this partnership can be accessed via the HRNSW website by the Lessee Partnership Manager upon application to the Harness Racing NSW Finance Team. In Which The Account Is Held Banking Institution Branch BSB No - Account No - - Customer Code Horse HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
T 0 F 0 0 registration@hrnsw.com.au NOTIFICATION OF PENDING LEASE OF A HORSE To avoid any repercussions due to possible delays in the Lease Agreement (Standardbred Horse) application being submitted to Harness Racing NSW by the Lessee or subsequent processing delays upon receipt by Harness Racing NSW, the Lessor should protect themselves by completing this form and forwarding (email or fax acceptable) to Harness Racing NSW. This is to advise that the horse : Sire : Dam : Foaling Date : was leased by me / us on : LESSOR PARTNERSHIP MANAGER DETAILS Full Address Suburb/Town Post Code Contact Number email address LESSEE PARTNERSHIP MANAGER DETAILS Full Address Suburb/Town Post Code Contact Number email address HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
T 0 F 0 0 registration@hrnsw.com.au LEASE AGREEMENT CANCELLATION I / we, the undersigned hereby wish to cancel the Lease Agreement (Standardbred Horse) currently registered on the horse identified hereunder: of Horse (if unnamed, state breeding and age) : Date of Cancellation of Agreement : Date of Return of Horse to Lessor : NOTE To be deemed valid, all registered Lessors and Lessees are required to sign this Lease Agreement Cancellation SIGNATURE(S) OF LESSOR(S) 0 SIGNATURE(S) OF LESSEE(S) 0 Partnership Manager The Rules of Harness Racing require lodgement of a Lease Agreement Cancellation with seven () days of such cancellation HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
T 0 F 0 0 registration@hrnsw.com.au LEASE AGREEMENT EXTENSION I / we, the undersigned hereby wish to extend the Lease Agreement (Standardbred Horse) currently registered on the horse identified hereunder: of Horse (if unnamed, state breeding and age) : Original Finalisation Date : Revised Finalisation Date : NOTE To be deemed valid, all registered Lessors and Lessees are required to sign this Lease Agreement Extension SIGNATURE(S) OF LESSOR(S) 0 SIGNATURE(S) OF LESSEE(S) 0 Partnership Manager HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of
LEASE AGREEMENT - OPTION TO PURCHASE T 0 F 0 0 registration@hrnsw.com.au Only to be lodged in conjunction with a Lease Agreement (Standardbred Horse) Please use CAPITAL LETTERS only An agreement made this Day of 0 between of being the Owner(s) (hereinafter called the Lessor(s) of the registered harness racing horse know as (if unnamed, given breeding and age): and of being the Partnership Manager (Lessee) of said horse. Whereas the Lessor agrees that the Lessee shall have the right, if they so desire, to purchase the said leased horse from the Lessor in the amount of: state the amount in writing $. The Lessee agrees that upon exercising their right of purchase that they shall immediately lodge the purchase money with the registered owner (Lessor);. The Lessor does hereby acknowledge that they shall have no further claim on the said horse immediately upon receipt of such purchase money from the Lessee;. The Option to Purchase of the said leased horse shall expire at midnight on: day of 0. This Option to Purchase shall become null and void upon the Lease Agreement (Standardbred Horse) being cancelled prior to the expiry date indicated in Clause. SIGNATURE(S) OF LESSOR(S) 0 Please ensure that your signature is recorded against the correct corresponding number (per Page ) SIGNATURE(S) OF LESSEE(S) 0 Please ensure that your signature is recorded against the correct corresponding number (per Page ) Partnership Manager of Witness Address Witness Date HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page 0 of
LEASE AGREEMENT (STANDARDBRED HORSE) REQUIREMENTS / GUIDELINES SCHEDULE ) Lease Agreement applications must be submitted within seven () days of leasing the horse, or prior to the horse next racing or trialling, whichever is earlier. A late Penalty Fee of $0.00 may apply for Lease Agreement (Standardbred Horse) applications lodged in excess of fourteen () days from date of stated lease commencement; a. Australian Harness Racing Rule 0 () states: Within days of entering into a lease or prior to the horse next racing whichever is the earlier the lessee shall lodge a notification of the lease with the Controlling Body. ) To reduce the overall processing time, Harness Racing NSW accept delivery of Lease Agreement applications electronically (email to registration@hrnsw.com.au) and via facsimile (sent to 0 0 ) however; it must be noted that the scan or fax must be of sufficient quality and clarity to ensure that the document is wholly legible when printed by Harness Racing NSW. Low quality, poorly scanned or incomplete Lease Agreement applications will not be processed; ) Lease Agreement applications must be completed correctly by all Parties in all respects. Lease Agreement applications received that have been incorrectly completed or not fully completed will be returned unprocessed to the nominated Lessee Partnership Manager or individual Lessee (as the case may be) for correction and resubmission to Harness Racing NSW, which will delay the overall Lease Agreement lodgement process; ) Payment of the required $0.00 Lease Agreement fee must accompany the Lease Agreement application, and may be made by cheque, money order, credit card (Visa or Mastercard only) or by direct deposit to Harness Racing NSW: Banking Institution Branch Account BSB Account Number Reference Commonwealth Bankstown Harness Racing NSW 0-0 The name or Certificate Number of the horse being leased Please ensure, if paying by direct deposit to the Harness Racing NSW account, that you indicate this on the Lease Agreement application and email a copy of the payment advice to registration@hrnsw.com.au. Note that this payment method may delay the lease lodgement process by between hours (until such time as the payment has have been fully cleared into the Harness Racing NSW account); ) Prize money related to the horse being leased will be paid to the Lessor until such time as the Lease Agreement application has been received, reviewed and subsequently processed by Harness Racing NSW, thus it is important to ensure that the Lease Agreement application is lodged in a timely manner so that the Lessee will receive prize money proceeds and be correctly debited for associated race related costs; ) All relevant Schedules of the Lease Agreement application MUST be signed by all Parties associated with the horse being leased. The Lessee Partnership Manager is the person elected to be the principal contact in regards to matters concerning the horse, as well as to receive all correspondence, prize money and access to, or delivery of, statements. The Lessee Partnership Manager is not empowered to sign documents on behalf of other Lessees; ) LESSEES BEWARE: If in doubt, please check with Harness Racing NSW to ensure that the Lessor is not listed on the Unpaid Forfeits List (UFL) as horses associated with individuals on the UFL (or where other impediments may affect the status of the horse) will not be processed until the matter has been settled with the appropriate State Controlling Body. Additionally, ensure that all required signatures for the Lessors have been provided in all relevant schedules. Invalid or missing signatories will result in the Lease Agreement application being returned to the Lessee Partnership Manager unprocessed; ) Lessors are encouraged, to avoid any repercussions due to possible delays in the Lease Agreement application being submitted or processed, to complete and return the Notification of Pending Lease of a Horse included as part of the Lease Agreement application to Harness Racing NSW; ) Note that all Lessees MUST be over the age of eighteen () years. Individuals under the age of are considered minors, and, as such, cannot be listed as a Lessee or Part Lessee of a horse leased in the state of New South Wales; 0) Note that Lease Agreement applications processed whereby the provided payment method is subsequently notified as having been declined or dishonoured by Finance staff may result in the horse being stood down until such time as the appropriate fee has been paid in full in cleared funds to Harness Racing NSW; ) Lessors and Lessees are to note that all prize money will be paid into a single bank account as nominated by the nominated Lessee Partnership Manager as stated in the Prizemoney Banking Details form included in the Lease Agreement application. Fees associated with races will be automatically offset against prize money as part of the fortnightly Stakes Run process. New Zealand and other overseas based participants will be paid prize money by way of a cheque issued by HRNSW unless an Australian bank account has been provided to facilitate such payments; ) The Commencement Date stated on Page of the Lease Agreement application must be accurately recorded as this will determine to whom prize money associated with a race conducted whilst an application is being processed rightfully belongs to. Note that it is the responsibility of the Lessee to liaise with the Lessor in relation to the payment of prize money that may have been made to the lessor as a result of a delay in submitting the transfer application. Additionally, recorded Commencement and Finalisation Dates may determine breeding and ownership of foals conceived during, or born after, the Lease Agreement application has been processed; ) Note that a maximum of ten (0) Lessees can constitute a partnership. If you have eleven Part Lessees or more, you will need to complete an Application to Register a Syndicate form (available from ); ) Lease Agreement Cancellations (Page of the Lease Agreement application) must be lodged on the form provided for this purpose and have been signed by all Lessors and Lessees prior to being submitted to Harness Racing NSW; ) Lease Agreement Extensions (Page of the Lease Agreement application) must be lodged on the form provided for this purpose and have been signed by all Lessors and Lessees prior to being submitted to Harness Racing NSW; ) Option to Purchase agreements must be lodged on the form provided for this purpose (Page 0 of the Lease Agreement application) and must be lodged concurrent to the Lease Agreement Notification application to which it relates. This form must be signed by all Lessors and Lessees, and be duly witnessed by an independent individual; ) Note that the Schedule of Statements and Declarations (Page of the Lease Agreement application) must be completed and signed by the nominated Lessee Partnership Manager and returned to the appropriate State Authority with the completed Lease Agreement. Lease Agreement Notification applications received by Harness Racing NSW that do not include the signed and dated Schedule will be returned to the Lessee Partnership Manager unprocessed. HRNSW Lease Agreement (Standardbred Horse) R : February 0 Page of